6265889087

1933

League of Nałions — Treaty Series.

99

be entrusted to a third Power designated by the Parties by common agreement. Should no agreement be reached on this subject, each Party shall designate a different Power, and the nominations shall be madę jointly by the Powers thus designated, and if within two months no appointment has been madę by these two Powers or if the two Powers designated have not found it possible to agree, the necessary nominations shall be madę by the President of the Permanent Court of International Justice to whom the matter may be referred by a simple reąuest on the part of one or other of the Parties. If the President is unable to act or is a national of one of the Parties, the nominations shall be madę by the Vice-President. If the latter is unable to act or is a national of one of the Parties, the nominations shall be madę by the oldest member of the Court who is not a national of either Party.

Article 7.

Disputes shall be brought before the Permanent Conciliation Commission by means of a reąuest addressed to the President by the two Parties acting in agreement.

The reąuest, aft er giving a summary account of the subject of the dispute, shall contain the invitation to the Commission to take all necessary measures with a view to arriving at an amicable settlement.

Article 8.

Within fifteen days from the datę on which the dispute shall have been brought before the Commission, either Party may, for the examination of the particular dispute, replace the permanent member whom it has appointed by a person possessing special competence in the matter. The Party desiring to make use of this right shall immediateły inform the other Party ; the latter shall be entitled to make use of the same right within fifteen days from the datę on which it shall have received notification.

Each of the Parties reserves the right to appoint immediateły a substitute to replace for the time being the permanent member appointed by it if he is temporarily prevented by illness or any other circumstance from taking part in the Commission’s work.

Article 9.

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The task of the Permanent Conciliation Commission shall be to elucidate ąuestions in dispute, to collect with that object all necessary information by means of enąuiry or otherwise and to endeavour to bring the Parties to an agreement. It may, after the case has been examined, inform the Parties of the terms of settlement which seem to it suitable and may lay down a time-limit within which they are to make their decision.

At the close of its proceedings, the Commission shall draw up a report stating, as the case may be, either that the Parties have come to an agreement and, if necessary, the terms of that agreement, or that it has been impossible to effect a settlement.

The proceedings of the Commission must, unless the Parties agree otherwise, be terminated within six months from the datę on which the Commission was notified of the dispute.

If a settlement has not been reached between the Parties, the Commission may, unless the two commissioners freely appointed by the Parties oppose this procedurę, order the publication of a report contain ing the opinion of each of the members of the Commission, even before a finał decision has been given by the Permanent Court of International Justice or by the Arbitral Tribunal to which the dispute has been referred.

Article 10,

Failing any special provision to the contrary, the Permanent Conciliation Commission shall lay down its own procedurę, which must in every case provide for both Parties being heard. In

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